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Texas couple sue hospital for daughter's brain injury

A Texas couple is suing an out-of-state hospital for allegedly causing a brain injury in their infant daughter. The couple has cited hospital negligence in their lawsuit and claims that they failed to properly monitor the woman during her labor, failed to provide the woman qualified medical staff and also were negligent in failing to properly determine findings on the fetal heart monitor tracings in a timely manner. After the birth, it was found the infant suffered a brain injury and was taken to the Neonatal Intensive Care Unit.

The woman initially reported to the hospital after it appeared her amniotic fluid was leaking. She was monitored by the hospital and the results of a urinalysis test came back negative. She was released and told to come back in two days. When she returned, her labor was scheduled to be induced, and again went to the hospital, complaining of reduced fetal movement. A Pitocin drip to induce labor was begun and fetal monitoring tests taken that day showed 'decelerations with decreased reactivity.' Sometime after, the monitoring equipment was removed.

The child was delivered the next day with no heart rate or respiration. She was also limp and had a poor color. The baby's right arm was reportedly limp after the birth and when she was taken to the Neonatal ICU, she was diagnosed with hypoxic ischemic encephalopathy and listed in critical condition. The baby was released from the West Virginia hospital two weeks later when doctors ruled she was seizure-free. However, the child remains under medical care and shows signs of neurological delay in her speech and physical capabilities.

The suit alleges that due to the negligence of the hospital, the baby suffers from brain injury, permanent disfigurement and several other physical ailments, and that the parents suffer from loss of income and enjoyment of life, pain and suffering and multiple other things. The Texas couple seeks compensatory damages in an unknown amount. When a brain injury occurs due to the negligence of another, it can be difficult to understand and even more difficult to recover from. However, Texas law allows for victims and families affected by negligence to pursue civil action against the responsible parties.

Source: West Virginia Record, "Texas couple say WVU Hospitals caused daughter's injuries after birth," Kyla Asbury, July 23, 2012

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